Family Council, Education Alliance Ask Arkansas Board of Education to Rethink EFA Restrictions on Team Sports

Home School,

On Monday, Family Council and its homeschool division, the Education Alliance, submitted public comments expressing concerns over new rules governing Educational Freedom Account spending on athletics.

Lawmakers created the EFA program in 2023, making it possible for Arkansas students to use public funds to pay for an education at a public or private school or at home. Thousands of students have taken advantage of school choice in Arkansas under this program.

The newest proposed rules from the Department of Education would prohibit EFA spending on team sports that require tryouts or that limit participation based on ability. That means that a homeschool student who wants to play basketball for a local school could not pay for athletic expenses with EFA money even though public schools pay for team sports with state money.

Arkansas law clearly caps spending in these areas at 25% of a student’s total EFA funding, which means no more than one-fourth of a student’s EFA money can go toward team sports and extracurricular activities. The proposed rules go farther by prohibiting spending on team sports that require tryouts.

The proposal also limits EFA balances. Previously, EFA funds could roll over each year up to a maximum balance of $20,000. However, the proposed rules now set this limit at $8,500 or a lesser amount set by the Arkansas legislature in a future session.

The proposed rules also set up a new framework differentiating between “core educational expenses” versus “qualifying expenses.”

Family Council and our homeschool division, the Education Alliance, submitted comments on Monday expressing our concerns that the proposed rules are more restrictive than the state laws the Arkansas Legislature has passed.

At this time, the State Board of Education could vote on the EFA rules at its April meeting this Thursday. Our office plans to monitor the situation, and we will let Arkansas’ home schoolers know what the board decides to do.

You can read Family Council’s comments on the proposed rules here.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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Proposed EFA Restrictions Do Not Appear on State Board of Education Agenda

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The State Board of Education is scheduled to meet at 12:30 PM this Thursday, February 12, at the Arkansas Department of Education Building located at Four Capitol Mall in Little Rock. The meeting agenda is available here.

It appears the board does not plan to vote on proposed rules prohibiting homeschoolers from using Educational Freedom Account (EFA) funding to pay for team sports under the LEARNS Act.

Family Council has reached out to state officials about the status of the proposed rules. Sources tell us that the board may choose to “table” the rules for discussion later on. The situation is still very fluid, so we will let you know if we learn of any changes between now and the State Board of Education meeting on Thursday.

Here is a little more information about the situation:

In January the Arkansas Democrat-Gazette reported that the Department of Education planned to move forward with rules prohibiting EFA spending on team sports under the LEARNS Act despite public comments from more than 200 citizens who oppose them. Family Council and its homeschool division, the Education Alliance, were among those who submitted public comments against the proposed rules.

At the time, there was talk that the State Board of Education could cast a final vote on the rules at its February meeting.

The Department of Education’s proposed EFA restrictions go beyond what state law allows.

The restrictions would completely prohibit any EFA spending on registration fees, equipment costs, dues, and any costs associated with club or team sports.

Arkansas law clearly caps spending in these areas at 25% of a student’s total EFA funding, which means no more than one-fourth of a student’s EFA money can go toward team sports and extracurricular activities. The Department of Education wants to prohibit spending on team and club sports altogether.

Many homeschoolers have also pointed out that completely prohibiting EFA spending on team sports is unfair because public schools fund team sports with state money.

At this time it looks like the State Board of Education will not vote on the EFA restrictions at its February meeting this Thursday. Our office plans to monitor the situation. If the board decides to vote on the rules, we will let Arkansas’ home schoolers know.

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State Department of Education Refuses to Listen to Homeschoolers on Proposed EFA Restrictions

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On Friday, the Arkansas Democrat-Gazette reported that the State Department of Education plans to move forward with proposed rules prohibiting homeschoolers from using Educational Freedom Account (EFA) funding to pay for team sports under the LEARNS Act.

The decision comes despite public comments from more than 200 citizens who oppose the rules. Family Council and its homeschool division, the Education Alliance, were among those who submitted public comments against the proposed rules in December.

Lawmakers created the EFA program under the LEARNS Act in 2023, making it possible for Arkansas students to use public funds to pay for an education at a public or private school or at home. Thousands of students have taken advantage of school choice in Arkansas under this program.

Last year the Arkansas Legislature approved Act 920 by Sen. Breanne Davis (R — Russellville) and Rep. Keith Brooks (R — Little Rock) reducing EFA vendor fees and limiting EFA spending on extracurricular activities to 25%. That means a student who participates in the LEARNS Act cannot spend more than one-fourth of his or her EFA money on extracurricular activities.

Family Council supported Act 920 because homeschoolers participating in the EFA program have seen the price of extracurricular activities go up. Cutting vendor fees and capping certain costs will encourage providers to keep their prices down.

However, the Department of Education’s proposed rules go beyond what Act 920 allows. The proposed EFA rules completely prohibit any EFA spending on registration fees, equipment costs, dues, and any costs associated with club or team sports.

Act 920 simply caps spending in these areas at 25% of a student’s total EFA funding, but the Department of Education wants to prohibit spending on team and club sports altogether.

Besides failing to track with Act 920, many homeschoolers have also expressed concerns that completely prohibiting EFA spending on team sports is unfair because public schools fund team sports with state money.

If the Department of Education opts to move forward with these rules, the legislators on the Arkansas Legislative Council’s Administrative Rules and Regulations Subcommittee will have to approve them in February.

Family Council and the Education Alliance are urging all Arkansans to ask their lawmakers not to approve the Department of Education’s proposed Rules Governing the Arkansas Children’s Educational Freedom Account Program.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

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